Commercial Law Cluster Seminar: Maritime Arbitration in India with Dr. Francis Julian

India, being a peninsular country with a vast sea coast and many ports, has been in Maritime Trade for several centuries in the past. However, the settlement of maritime disputes involving sea trade and shipping has been inherited from the British. Admiralty Jurisdiction to settle maritime disputes was vested on the three Chartered High Courts of Calcutta, Bombay and Madras by the Letters Patent issued by the then British Government in the year 1865. These Chartered High Courts were exercising jurisdiction to resolve maritime disputes on their Original Side. This continued even after India’s Independence in 1947 without many changes.

However, the resolution of maritime disputes through arbitration had its origin in the enactment of the Indian Arbitration Act, 1940.  This Act had several limitations – mainly, it contained provisions which caused considerable delay in settlement of maritime disputes through Arbitration, including confirmation of awards by courts.  Consequently, the Arbitration and Conciliation Act of 1996 was enacted by adapting the UNCITRAL Model Law with modifications.  This Act made the proceedings to resolve maritime disputes through arbitration speedier and less formal.  However, in view of the continued delay at the various stages of the arbitration proceedings, the Act was amended in 2015.  Consequently, Maritime Arbitration in India is being governed by the 1996 Act along with its amendments.

In India, now Maritime Arbitration is conducted through ad hoc arbitrations and institutional arbitrations.  The main arbitral institution is Indian Council of Arbitration (ICA) which has a panel of maritime arbitrators, who are mainly maritime lawyers and non-lawyers who are experts in shipping.  ICA has framed Maritime Arbitration Rules which are the rules governing Maritime Arbitration proceedings through ICA.  However, the Indian Courts continues to exercise supervisory jurisdiction over Maritime Arbitration proceedings. Maritime arbitral awards are either enforced or challenged in courts.

Dr. Julian’s seminar will focus on these matters. 

The seminar will be chaired by Nikhil Gokani, University of Essex.